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Opinions - June 11, 2010

June 11, 2010
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Today’s Opinions

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

Larz A. Elliott v. Rush Memorial Hospital, et al.
70A01-0911-CV-553
Civil. Affirms dismissal of Larz Elliott’s proposed medical malpractice complaint against Rush Memorial Hospital, Carrie Tressler, and Dr. Philip Kingma. Elliott had alleged battery and negligence with respect to the forced catheterization to retrieve a urine sample after a Rush County sheriff’s deputy transported him to Rush Memorial Hospital and represented a court order at the hospital to retrieve a blood sample and a urine sample. Finds trial court erred in concluding that the defendants enjoy complete statutory immunity from any civil liability related to his claims of battery and negligence, but also finds Elliot’s claims fall outside the parameters of the Medical Malpractice Act because he was not a “patient” of the defendants, and that his catheterization clearly was not for his own medical benefit.

Sam's East Inc. City of Greenwood Board of Zoning Appeals v. United Energy Corporation Inc. d/b/a Greenwood Sunoco
41A04-0909-CV-545
Civil. Affirms trial court’s reversal of the decision of the City of Greenwood Board of Zoning Appeals to issue a variance to Sam’s East Inc. to have a gas station near a Sam’s Club location in Greenwood. Since receiving approval for the gas station in 2005, Sam’s Club had encountered an environmental issue that delayed building plans, and the permit had expired before Sam’s constructed the gas station. After the permit expired, Sunoco built a gas station on property adjacent to Sam’s property. Shortly after, an ordinance was adopted that changed whether gas stations could be built in the area where Sam’s had previously received permission.

Cedar Mill Homeowners Association Inc. v. Patrick J. Bocian (NFP)
32A05-1001-SC-85
Civil. Affirms small claims court’s denial of Cedar Mill’s request for attorney’s fees.

Gregor W. King and Delores P. King v. Hamilton Southeastern Utilities Inc. (NFP)
29A05-0909-CV-527
Civil. Affirms amount of damages entered after a jury trial for the valuation of the Kings’ land affected by the acquisition of a temporary and permanent easement by eminent domain.

K.T. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-0912-EX-1266
Civil. Affirms decision of the Indiana Department of Workforce Development Unemployment Insurance Review Board affirming the decision of the administrative law judge to dismiss K.T.’s appeal as untimely.

J.S. v. J.M. and M.M. (NFP)
75A03-0911-CV-535
Civil. Affirms trial court’s order granting visitation with J.S. (mother)’s minor daughter C.G.M. to her paternal grandparents J.M. and M.M..

A.E. a/k/a A.S v. B.S. (NFP)
80A02-0909-CV-905
Civil. Reverses and remands trial court’s order emancipating A.E. (mother) and B.S. (father)’s 19-year-old son K.S. Also reverses and remands determination of arrearages on child support; and apportionment of partial arrearage to K.S.

Indiana Tax Court posted no opinions before IL deadline.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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